Shaik Mohammed (Private ) 06 April 2019

Family court not accepting restitution of conjugal rights

Hi I am Shaik. I reside in Cuddapah City of Andhra Pradesh. I have been married for the past 9 years and begotten two female children.

My wife left home due to her parent's instigation 7 months ago to Hyderabad. I filed RCR as Family Court Original Petition (FCOP).

But the court returned saying that under muslim law I need to file a 'SUIT' in District court. So I filed a suit / plaint in District court. Now the District Court says due to jurisdiction as per the muslim personal / marriage law 1937 Article 11 I need to file a petition in lower courts/ muncif courts or muncipal courts.

As a layman I am much confused and frustated why as a muslim I cannot file a petition for restitution of conjugal rights in family court like any other Hindu or christian brother.

Could anybody help me or enlighten me whether I can file a petition in family court or not. If yes what references I can give to the judge to argue? The petetion is moving arount for more than a month and in family matters time plays a big role especially when one party seeks for conjugation before the relationship breaks down irretrievably.

Please do not suggest me to go to Indian Muslim personal Law Board. I have tried there and faced bitter experience (in my city) of their behaviour and manners. They are not interested in settling in any family matters.

Regards,

Shaik Mohammed.

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4 Replies

Shaik Mohammed (Private ) 06 April 2019

Originally posted by : Shaik Mohammed
	Hi I am Shaik. I reside in Cuddapah City of Andhra Pradesh. I have been married for the past 9 years and begotten two female children. My wife left home due to her parent's instigation 7 months ago to Hyderabad. I filed RCR as Family Court Original Petition (FCOP). But the court returned saying that under muslim law I need to file a 'SUIT' in District court. So I filed a suit / plaint in District court. Now the District Court says due to jurisdiction as per the muslim personal / marriage law 1937 Article 11 I need to file a petition in lower courts/ muncif courts or muncipal courts. As a layman I am much confused and frustated why as a muslim I cannot file a petition for restitution of conjugal rights in family court like any other Hindu or christian brother. Could anybody help me or enlighten me whether I can file a petition in family court or not. If yes what references I can give to the judge to argue? The petetion is moving arount for more than a month and in family matters time plays a big role especially when one party seeks for conjugation before the relationship breaks down irretrievably. Please do not suggest me to go to Indian Muslim personal Law Board. I have tried there and faced bitter experience (in my city) of their behaviour and manners. They are not interested in settling in any family matters. Regards, Shaik Mohammed.

Muhammad Moin 06 April 2019

take help of local bodies in Ur wives location. speak before panchayat , try to settle amicably first . or hire a local advocate why r u moving before courts,

Shashi Dhara 06 April 2019

In family courts act section 1says that it applies for entire India except Jammu and Kashmir .in it it doesn't bifcurate it under religions . Family means not excluding other religions then hindus .so approach again family court.

Shaik Mohammed (Private ) 08 April 2019

Muhammad Moin. I hired an advocates. Corrupt advocates make people move around courts. Hope you know about that.

Shashi Dhara. My local advocate who is senior has called on Bench with the Family Court Judge. She clearly told that a muslim husband cannot file a RCR in Family Court. Even Suite is not allowed in District Court. The only option to is muncif courts. My advocate showed the judgement of Balram Yadav versus Fulmaniya Yadav April 2016. But in vain.